Summary — HB 1046 (North Dakota): Ethics Commission Advisory Opinions (NDCC § 54‑66‑04.2)
Status & key dates
- Bill title: An Act to amend and reenact section 54‑66‑04.2 of the North Dakota Century Code, relating to ethics commission advisory opinions.
- Introduced: November 12, 2024 (by the Judiciary Committee, at the request of the Ethics Commission).
- Legislative status (as provided): Second reading — failed to pass (yeas 12, nays 80) on January 14, 2025.
- Target statute: North Dakota Century Code § 54‑66‑04.2.
Purpose / intent
- To clarify and adjust the Ethics Commission’s authority, procedures, and the legal effect of written advisory opinions about application of constitutional and statutory ethics rules to hypothetical or prospective conduct.
Key provisions / changes
1. Authority to issue opinions
- Confirms the commission may issue written advisory opinions on Article XIV of the North Dakota Constitution and state statutes/rules on transparency, corruption, elections, and lobbying.
- Establishes a commission vote threshold for issuing opinions (text variants in the draft show either a majority of the entire commission or specifically “four of the five members” — the engrossed version uses the four-of-five threshold).
Who may request an opinion
- Limits direct requesters to: public officials, candidates for elected office, and lobbyists — and only regarding the requester’s own hypothetical or prospective conduct.
- Allows others (individuals, boards, entities, organizations) to request an opinion on behalf of one of the above, but only if they provide corroborating evidence the request is authorized by and made on behalf of the public official/candidate/lobbyist.
Process and timelines
- Ethics Commission must notify the requester within 14 days after receiving a request whether it will provide an opinion.
- If the commission notifies a requester that an opinion will be provided, the commission must issue the written advisory opinion within 90 days after that notification.
Legal effect and reliance protection
- Criminal and civil penalties may not be imposed for conduct taken in accordance with a written advisory opinion if the individual acted in good faith and the material facts are substantially the same as those presented in the request.
Public access & confidentiality
- Opinions and requests are public records, except that the names of persons in the opinions and requests are exempt from disclosure.
- The commission must publish all written advisory opinions on a publicly accessible website.
Who is affected
- Primary: the North Dakota Ethics Commission, public officials, candidates for office, and registered lobbyists (as both requesters and persons relying on opinions).
- Secondary: boards, organizations, or representatives who may request opinions on behalf of eligible requesters; and members of the public seeking transparency into commission opinions.
Procedural / administrative impacts
- Imposes specific notification and issuance deadlines (14- and 90-day timeframes) that require commission administrative processes to track and meet timelines.
- Requires publication of opinions (website maintenance); confidentiality handling for exempted names.
- No fiscal impact analysis was included in the bill text; however, the changes could create modest administrative workload for the commission.
Notes / context
- The bill was prepared at the Ethics Commission’s request and went through Judiciary Committee consideration (committee report dated January 8, 2025).
- Draft language across versions includes slight variations (notably the precise vote threshold) — readers should consult the enacted text (if adopted) or the official bill file for the final wording.
